On October 20th, the Netherlands' Technical Regulations Information System (TRIS) officially ended the three-month notification period regarding the amendment to the Tobacco and Tobacco Products Regulation for regulating electronic cigarette flavors.
The "Tobacco and Tobacco Products Regulations Amendment" described in the document regulates the flavors of electronic cigarettes by establishing rules for additives in e-juice and other electronic cigarette components, except for tobacco flavoring. The main content of this amendment is to only allow 16 types of flavoring additives to be added to e-juice and other components of electronic cigarettes, specifically those that provide a tobacco flavor.
During the TRIS notification period, the European Commission and other EU countries have the opportunity to provide feedback on the new regulations. There are four possible forms of feedback: (1) no feedback; (2) commenting; (3) providing detailed opinions, starting a dialogue, and extending the notification period; (4) postponing if the Commission announces its intention to issue directives, regulations, or decisions on the matter.
It has been announced that 21 responses have been received, with 5 coming from private enterprises and 16 from nicotine and e-cigarette associations from other member states of the European Union. The specific list is as follows:
Associations and individuals have attempted to influence the Dutch government's decision through the European Union, but thus far, there is no indication that the European Commission will use its special powers to oppose the amendment initiated by the Dutch Ministry of Health, Welfare and Sport and the Legislation and Legal Affairs Bureau. As the "technical regulatory information system notification period" has ended, the ban on certain flavors seems to have been finalized within the Netherlands. The law will come into effect on January 1, 2023, and e-cigarette liquid manufacturers and importers will only be allowed to sell liquid containing the 16 approved additives. The implementation and management of the new law will be overseen by the Dutch Ministry of Finance's Central Office for Import and Export.
According to Article 34 of the Treaty on the Functioning of the European Union (TFEU), the Dutch government's primary reason for implementing this legislation is to serve the public interest, specifically to protect public health. EU members are free to decide their level of protection, and the Netherlands has chosen a very high level to achieve a smoke-free generation by 2040 in which only 5% of adults smoke. This goal can only be achieved by means including new legislation.
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